Cardozo offers multiple paths for students to succeed in learning and experiencing trial and appellate advocacy, including one of the most renowned trial advocacy law school intensive programs in the country. Trial litigation involves presenting evidence and arguments to a judge or jury in a court of law, aiming to prove a case and obtain a favorable ruling. Appellate litigation focuses on reviewing the decisions of lower courts, arguing whether or not legal errors occurred during the original trial, and advocating for or against the original trial ruling. Students, under direct supervision, learn all aspects of gathering evidence, presenting witnesses, examining and cross-examining, in making persuasive legal arguments.
The Intensive Trial Advocacy Program (ITAP)
The Intensive Trial Advocacy Program (ITAP) is a cornerstone of Cardozo's practical skills curriculum. In this two week immersion course held each January, students learn cutting-edge strategies for courtroom litigation under the instruction of leading jurists and lawyers from across the country.
In a "master class" approach to learning, students practice direct and cross examinations, interviewing and preparing witnesses, selecting juries, dealing with evidentiary issues and preparing for and presenting bench and jury trials. The course ends with students conducting a full jury trial.
At every step, students are critiqued by judges and lawyers, including individual reviews of student performances on video. The course is taught in small groups to give students direct feedback on their performance from judges and to allow each student to develop confidence in the various roles of being a trial lawyer.
The Benedict Morelli Trial Team
The Morelli Trial team was established in 2016 through a $1 million gift from Arlene and Benedict Morelli, the former president of the New York State Trial Lawyers Association and founding partner of the firm bearing his name. In addition to supporting the trial team, the gift from the Morellis provides scholarships for students and established the Learning from the Masters Lecture Series.
Students competing on the Morelli Trial Team prepare a full trial, including opening and closing statements and cross examinations, and compete against other schools nationwide.
The Bet Tzedek Legal Services Clinic
An 85-year-old woman faced forced placement in a nursing home because Medicaid would no longer provide the home-care services that made it possible for her to remain in her home of 45 years.
A 78-year-old man was charged more then $40,000 for critical surgery because his Medicare HMO had not informed him of the procedures necessary to have that care covered by his HMO.
A young man with AIDS was threatened with eviction by his landlord, who claimed he was not a tenant, even though she had accepted rent from him and AIDS Services that was double the legal rent for a rundown studio apartment.
In each of these cases, students of the Bet Tzedek Legal Services Clinic were successful in protecting the interests of their clients and regaining for them their health benefits and/or homes. Each year, Bet Tzedek—which means “House of Justice” in Hebrew—represents dozens of elderly and disabled people seeking health, disability and housing benefits that they could not get without Clinic assistance.
In representing these individual clients, the student lawyers also identify systemic problems affecting thousands of similarly situated people. Often, the result is a class action lawsuit to correct these problems. As a result of Bet Tzedek class actions, thousands of New Yorkers are protected from arbitrary reductions in their home-care services; the Social Security Administration has changed its restrictive policies for determining when HIV-positive individuals are eligible for benefits; hundreds of disabled applicants for public housing are protected from the public housing authority's intrusion into their confidential medical records.
The Clinic operates with 25 students and 3 full-time faculty, with a case load of more than 200 clients. Clients are referred by agencies and courts that are familiar with the reputation of the Clinic and its faculty, Professors Leslie Salzman and Rebekah Diller—respected litigators and educators in the fields of elder, disability, health and housing law. Supervised by the Clinic faculty, students have primary responsibility to interview clients and potential witnesses; investigate the facts; develop legal theories based on extensive legal research; draft pleadings, motions and briefs; argue motions; conduct hearings and trials before administrative agencies in state and federal courts; negotiate settlements; and counsel clients.
In a required, year-long seminar on social welfare litigation theory and practice, students learn the skills and substantive law that they use in representing Clinic clients, and also address the ethical issues facing them as advocates.
Additional Clinics, Field Clinics, Externships
CRIMINAL DEFENSE CLINIC
Students in the Criminal Defense Clinic are selected to engage in field work in Manhattan Criminal Court, representing people charged with misdemeanors from the case's inception through final disposition. A companion seminar offers intensive instruction in criminal law, criminal procedure and evidence.
PROSECUTOR PRACTICUM
The Prosecutor Practicum is a full-time internship at the Manhattan District Attorney's Office where students spend a semester as student assistant district attorneys. They participate with new ADAs in an orientation program providing practical training in criminal law, criminal procedure, evidence, and professional responsibility.
HOUSING JUSTICE FIELD CLINIC
Students work with supervising attorneys in Legal Aid's Bronx Neighborhood Office and Bronx Housing Court to assist in representing low-income tenants in non-payment and holdover eviction proceedings. Appearing in court under Legal Aid’s student practice order and given opportunities to assist with client interviewing, drafting pleadings, motions, and settlement agreements, students hone litigation skills and learn about the challenges experienced by low-income New Yorkers living in market-rate, regulated, and subsidized rental housing.
NEW YORK CITY LAW DEPARTMENT APPEALS DIVISION FIELD CLINIC
The NYC Law Department Appeals Division handles appeals from virtually all of the Law Department’s litigating divisions and from all city agencies. Students are assigned real appellate cases to research and draft from start to finish on various civil matters, including appeals from Article 78 proceedings, motions for summary judgment, abuse and neglect petitions, and juvenile delinquency orders.
NEW YORK CITY LAW DEPARTMENT LABOR AND EMPLOYMENT LAW FIELD CLINIC
The New York City Law Department Labor and Employment Law Division handles a wide variety of matters, including claims of First Amendment retaliation; gender, race, age, and disability discrimination; and violations of the Equal Pay Act. Students work on and study all aspects of civil litigation, including researching and drafting legal memoranda, preparing for and observing witness depositions, and participating in court proceedings.
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL FIELD CLINIC (SOCIAL JUSTICE DIVISION)
In the New York State Office of the Attorney General, one of the largest and most powerful state legal offices in the country, students work in the Civil Rights, Labor, Environmental Protection, and other bureaus of the Social Justice Division to protect New Yorkers’ legal rights and study the office’s investigative, affirmative and defensive litigation fronts.
THE PERLMUTTER FORENSIC SCIENCE FREEDOM FIELD CLINIC
This field clinic introduces students to the most prevalent forensic sciences used during the investigation and prosecution of crimes. Students gain hands-on experience with the challenges of integrating scientific evidence into legal decision-making, and an understanding of how courts employ this form of proof. Students also learn the creative, analytical thought necessary to attack or admit into evidence various forms of forensic science and play a role in exonerating the wrongfully convicted.
SPECIAL EDUCATION LAW AND ADVOCACY FIELD CLINIC
Students work at Advocates for Children of New York, and collaborating organizations, representing and assisting with cases on behalf of low-income families seeking appropriate educational services. At the same time, they study the history and practice of special education law and gain an understanding of the process of representing families of students with disabilities.
STATE CRIMINAL PROSECUTION FIELD CLINIC- QUEENS COUNTY DISTRICT ATTORNEY
The State Criminal Prosecution Field Clinic introduces students to state prosecution practice through an immersive experience that allows law students to act as Student Assistant District Attorneys, pursuant to a Student Practice Order from the Appellate Division, Second Department. Students have the opportunity to work closely with supervising prosecutors, participating in investigations, case preparation, witness interviews, and written and oral advocacy both inside and outside the courtroom.
TAX LAW FIELD CLINIC
Students work in low-income taxpayer centers and with selected private practitioners, representing and assisting with cases on behalf of low-income clients. They learn how to analyze complex documentation, articulate tax concepts to low-income clients, and advocate for these clients. They studied topics such as tax return basics, collections, IRS examinations, and tax court representation.